A SPECIAL PROJECT ON

“CYBER TORT”

SUBMITTED TO
Mr. Deepu Krishna
(Faculty- Law of torts)

SUBMITTED BY
Sachin Yadav
Semester 1
Section A
Roll No. 36
(BBA + LLB hons.)

DATE OF SUBMISSION: 31-10-2018

KARNAVATI UNIVERSITY
UNITED WORLD SCHOOL OF LAW

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 CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled “Cyber Tort” submitted to

Karnavati University, Ahmedabad, is record of an original work done by me
under the able guidance of Mr. Deepu Krishna, Faculty Member, Karnavati
University, Ahmedabad.

Sachin Yadav
Semester 1
Section (A)
Roll No. 36
Date: 31-10-2018
 

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 ACKNOWLEDGEMENT
It gives me the greatest of pleasure to thank Mr.Deepu Krishna for his
invaluable help and guidance without which it would not have been possible to
make the project. 
Her insight into the topic and continuous motivation has been a source of great
inspiration for me. 
I would also like to thank my parents and my friends who supported me
throughout the making of my project and helped me as and when they could. 
Sachin Yadav
Sem. - 1
Section-A
Roll No.-36
 

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CONTENTS

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 INTRODUCTION
The word 'cyber' is the virtual universe of web, where there are no restricted
limits between the general population who utilise it. It is reality that the degree
to which data innovation has spread, its range and impact, makes social orders
significantly more helpless against any conceivable utilise and abuse of the
innovation. 
Cyber tort is a neologism (instituted from the terms the internet and tort) tort
law as it identifies with the web/internet. The term 'cyber torts' is a misnomer.
This term has no place been characterised in any resolution/Act passed or
ordered by the Indian Parliament. The idea of cyber isn't drastically unique in
relation to the idea of customary torts. Both incorporate lead whether act or
exclusion, which cause rupture of principles of law and counteracted the
endorse of the state. 
Cyber torts is the most recent and maybe the most muddled issue in the cyber
world. Cyber torts might be said to be those species, of which, class is the
customary torts, and where either the PC is a question or subject of the lead
comprising wrongdoing. Any convoluted Activity that uses a PC either as an
instrumentality, target or a method for propagating further torts comes
surprisingly close to cyber torts. 
A summed up meaning of cyber torts might be " unlawful acts wherein the PC
is either an apparatus or target or both" The PC might be utilised as an
instrument in the accompanying sorts of action money related wrongdoings,
offer of illicit articles, sex entertainment, web based betting, protected
innovation wrongdoing, email caricaturing, fabrication, cyber criticism, cyber
stalking. The PC may anyway be focus for unlawful acts in the accompanying
cases-unapproved access to PC/PC framework/PC systems, robbery of data
contained in the electronic shape, email bombarding, information, Trojan
assaults, web time burglaries, web jacking, burglary of PC framework,
physically harming the PC framework 

The utilisation of web has achieved a great deal of advantages, for example,
online business, e-keeping money, boundless data, simple and economical
correspondence through email, envoys, voice visit, social sites, and so on. In
any case, there are a few bad marks likewise, such as hacking stalking, slander,
spamming, infections, betting. It is very necessary to have regular checks and

5
balance everything that exists with the interference of the law, to regulate the
people in their behaviour. Politics and pornography are not the only reasons
why government would interfere in the use of internet, there were financial
aspects like taxation, intellectual property rights, commerce trade and the
gambling so that the government could have their revenues. The internet started
to gain importance from mid-1990s onwards, with the country realising the
potentiality of the internet through its tremendous growth. Computers with
internet facilities have become the most dominant medium of communication.
The internet with all the benefits of anonymity reliability and convenience has
become an appropriate breeding place for persons interested in making use of
the met for illegal gainful purposes, either monetary or otherwise
The biggest challenge to the law is to keep pace with the technology. Some of
the challenges of making technology based laws are that there is a chance of
them being soon outdated. So as far as possible technology must be formulated
in a technology neutral way. There has to be a consistency between the laws

6
 Civil and Criminal action
The Information Technology Act gives common and criminal authorisations to
the infringement of its arrangements. Common procedures is one in which one
individual or state looks to uphold by suitable alleviation and the supposed
usage of the social liberties against someone else and which if the case is
demonstrated, would result in the announcement, express or inferred, of the
rights asserted and the help. In the event that the request of the court is
coordinated against a procedure which is criminal in nature, i.e., if the
procedure is carried on to an end that it might end in detainment for the offence
or detainment of fine, at that point continuing must be taken to be criminal
continuing.
Common authorisations are planned to anchor to the influenced party harms and
render the repudiation unrewarding. Criminal authorise is the arraignment
which results in fine and/or detainment offence by a rule continues on the
presumption that society endures by the demonstration of commission or
oversight of the defaulter and that an obstruction sentence must be forced to
demoralise the reiteration of the offence.
Procedures for harms are unmistakable from the criminal grumblings
documented against the contravener. The burden of harms is neither an
arraignment nor a discipline for any offence. It can proceed at the same time
with documenting a criminal grievance.
Summon of one doesn't reject depend on the other. It is outstanding that the
enactment can force both a criminal and additionally respectful authorise of a
similar demonstration of commission or oversight.
Common approvals are basically as a shield for the security of the restrictive or
the protection rights and interests of a man, whereas criminal endorse is
expected to vindicate open equity by rebuffing the wrongdoer. Therefore, the
two cures are fundamentally unrelated, yet plainly conjunction and basically
contrast in their substance and result

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 Distinction Between Cyber Crime And Cyber Tort

There is specific distinction between cyber crime and cyber torts which has to
be cleared when we are discussing cyber torts. 
The cyber crime includes hacking/cracking, Possession of unauthorised-
information , cyber terrorism against government organisations ,distribution of
pirated software , harassment through emails , cyber stalking , dissemination of
obscene material on the internet , defamation , hacking/cracking , indecent
exposure , computer vandalism , transmitting virus , internet intrusion ,
unauthorised control over computer systems , pornography , exposing the youth
to indecent material , Trafficking. 
Cyber torts include cyber stalking , breach of privacy , cyber obscenity and
cyber defamation. 
So there may be some elements which may be common in both but there are
several differences between the two. 

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 WHAT ORGANISES CYBER TORTS?
There are many cyber torts, that is civil wrongs that is dedicated with the help of
computer technology. Some of the most common cyber torts are-
 Stalking
 Spamming
 Defamation
 Squatting
Cyber Stalking
Stalking has long been known as unwanted activity of an obsessive stalker
towards a distressed stalk. Although this concept is existing for a long time, its
impact attracted only in the recent times. Cyber stalking is the exploitation of
Information and Communications Technology methods to follow other persons
repetitively to cause displeasure, annoyance, distress and fear.
Internet services such as e-mails are also abused by the cyber stalkers to send
text, graphics, audio and video based messages to the email account of the
victim, transmitting threatening, alarming and harassing contents. Stalking can
be done either directly or indirectly. In the direct harassment, the stalker sends
harassing messages to the targeted victim and in the indirect harassment, the
stalker tries to obtain the personal information and then uses the information to
contact the person through other means.

India’s first cyber stalking case 

The Delhi police registered India’s first case of cyber stalking in 2000. Ritu
Kohli, complained against a person who was using her identity to chat over
obscene things on the net and her telephone number and her address was also
given to various people by that (one who takes other’s identity) person. Later
the IP address were traced and they arrested Manish Kathuria. He was charged
under section 509, of IPC.  But the cyber stalking does not come under the
purview of the section 509, as the law under this section states that any wrong
committed through words which are uttered or a gesture must be made or any
object should be exhibited. But cyber stalking is just about typing and working
on the computer, which does not come under the ambit of section 509 of IPC.

9
There is a need to create more awareness amongst the legislature and the law
enforcing agencies regarding the cyber torts and crimes in order to enable the
early regulation. 

Cyber Spamming
The demonstration of sending spontaneous messages in mass is classified
"spamming," and the unwelcome messages are designated "spam." Spamming,
which represents 40% of worldwide email movement 
The spammer bears essentially a similar expense for sending one spontaneous
email as she would for sending one million. While the expense to the spammer
is insignificant, the expense to shoppers and ISPs is tremendous. 
Spontaneous mass email, once in a while alluded to as "Spam" or "Spontaneous
Commercial Electronic mail," is electronic mail which is spontaneous and sent
to sell the beneficiary merchandise, administrations, or property. Business
electronic mail ads are frequently used to request staggered advertising, get
rich-snappy and work-at-home plans and in addition sketchy items and sex
entertainment. In addition to the fact that Spam affects purchaser and national
email clients, it can disable organizations and Internet Service Providers.

Cyber Defamation
Cyber defamation would imply defamation by anything which can be read, seen
or heard with the help of the computers. There are certain noticeable differences
between online and offline attempt of defamation which makes the online
defamation more vigorous and effective.
This occurs when defamation takes place with the help of computers and / or the
Internet.
Famous case of cyber defamation occurred in America. All friends and relatives
of a lady were beset with obscene e-mail messages appearing to originate from
her account. These mails were giving the lady in question a bad name among
her friends. The lady was an activist against pornography. In reality, a group of
people displeased with her views and angry with her for opposing they had
decided to get back at her by using such underhanded methods. In addition to
sending spoofed obscene e-mails they also put up websites about her, that
basically maligned her character and sent e-mails to her family and friends
containing matter defaming her
2001 : 1St case of  Cyber Defamation:

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 Asia’s 1st case of Cyber defamation has been filed in India under the name “
SMC Pneumatics (India) Pvt. Ltd. Vs Jogesh Kwatra” being Suit No.
1279/2001. The case is being handled by India’s leading Cyber Lawyer Mr.
Pawan Duggal. In this case, the defendant being an employee of the plaintiff
company started sending defamatory, obscene, vulgar and abusive emails to his
employers and different subsidiaries of the said company all over the world with
the aim to defame the company and its M.D. Mr. R.K. Malhotra. The plaintiff
company on discovering it terminated the services of defendant and filed a suit
for permanent injunction restraining the defendant from doing such illegal acts.
Hon’ble Mr. Justice J.D.Kapoor of Delhi High Court passed an interim
injunction restraining the defendant from sending such emails to the plaintiffs or
to its subsidiaries all over the world. This order of Delhi High Court assumes
tremendous significance as this is for the first time that an Indian Court assumes
jurisdiction in a matter concerning cyber defamation.

Squatting
Cyber squatting is the act of registering a famous domain name and then selling
it for a fortune. This is an issue that has not been tackled in IT act 2000.
Cybersquatting is a crime against the laws and regulations of cyber law. It can
be defined as registering, trafficking in, or using a domain name with bad-faith
i.e. malfide intent to make profit from the goodwill of a trademark belonging to
someone else. The cyber squatter then offers to sell the domain to the person or
company who owns a trademark contained within the name at an inflated price.

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 CYBER TORTS IN INDIA AND OTHER COUNTRIES
While there is some United States law that restricts access to materials on the
web, it doesn't genuinely channel the web. Numerous Asian and Middle Eastern
countries utilise any number of blends of code-based direction (one of Lessig's
four strategies for net control) to square material that their legislatures have
esteemed improper for their nationals to see. China and Saudi Arabia are two
fantastic models of countries that have made high degrees of progress in
managing their natives access to the web. 
Pavan Duggal, Advocate, Supreme Court and Cyber law master has additionally
been vocal about India's Information Technology Act 2000, and did not think
that its sufficient because of different defects in it. He has been reproachful of
the viability of new Amendments to IT Act 2000 in India. He trusts that new
changes, gone by Indian Parliament in Dec 2008, are not in any manner
adequate with regards to the developing needs of India and there are different
glaring escape clauses. 
In numerous nations, discourse through the internet has turned out to be another
methods for correspondence which has been directed by the legislature. The
Open Net Initiative, whose statement of purpose is "to examine and challenge
state filtration and reconnaissance hones" with the end goal to "...generate a
valid image of these practices," has discharged various reports recording the
filtration of web discourse in different nations. 
While China has up to this point ended up being the most thorough in its
endeavours to channel undesirable parts of the web from its nationals, numerous
different nations - including Australia, Singapore, Iran, Saudi Arabia, and
Tunisia - have occupied with comparative practices of web control. In a
standout amongst the most striking precedents of data control, the Chinese
government for a brief timeframe straightforwardly sent solicitations to the
Google internet searcher to its own, state-controlled web crawlers . 
These precedents of filtration uncover numerous fundamental inquiries
concerning the right to speak freely, in particular, does the administration have a
genuine job in constraining access to data? What's more, provided that this is
true, what types of control are worthy? The ongoing hindering of "blogspot" and
different sites in India neglected to accommodate the clashing interests of
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discourse and articulation from one viewpoint and genuine government worries
then again.

REASONS FOR THE SLOW GROWTH

India became independent on 15 August, 1947. In the 49th year of Indian
autonomy, Internet was financially presented in our nation. The beginnings of
Internet were to a great degree little and the development of endorsers
horrendously moderate. Anyway as Internet has developed in our nation, the
need has been felt to sanction the pertinent Cyber laws which are important to
control Internet in India. This requirement for cyber laws was moved by various
elements. 

Initially, India has a  great degree nitty gritty and all around characterised
legitimate framework set up. Various laws have been established and actualised
and the preeminent among them is The Constitution of India. We have interlay,
among others, the Indian Penal Code, the Indian Evidence Act 1872, the
Banker's Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934,
the Companies Act, et cetera. Anyway the entry of Internet flagged the start of
the ascent of new and complex legitimate issues. It might be appropriate to
specify that all the current laws set up in India were ordered path back
remembering the significant political, social, monetary, and social situation of
that applicable time. No one at that point could truly envision about the Internet.
Notwithstanding the splendid insight of our lord artists, the prerequisites of the
internet could scarcely ever be foreseen. Thusly, the happening to the Internet
prompted the rise of various sensitive lawful issues and issues which required
the authorisation of Cyber laws. 

Furthermore, the current laws of India, even with the most generous and liberal
translation, couldn't be deciphered in the light of the rising the internet, to
incorporate all viewpoints identifying with various exercises in the internet.
Truth be told, the down to earth understanding and the astuteness of judgment
found that it will not be without significant hazards and traps, if the current laws
were to be deciphered in the situation of developing the internet, without
instituting new cyber laws. Thusly, the requirement for authorisation of
important cyber laws. 

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Thirdly, none of the current laws gave any lawful legitimacy or endorse to the
exercises in Cyberspace. For instance, the Net is utilised by a vast greater part
of clients for email. However till today, email isn't "lawful" in our nation. There
is no law in the nation, which gives legitimate legitimacy, and endorse to email.
Courts and legal in our nation have been hesitant to give legal acknowledgment
to the lawfulness of email without a particular law having been sanctioned by
the Parliament. In that capacity the need has emerged for Cyber law. 

Fourthly, Internet requires an empowering and steady legitimate foundation

tuned in to the occasions. This legitimate foundation must be given by the order
of the important Cyber laws as the conventional laws have neglected to allow
the equivalent. Web based business, the greatest fate of Internet, must be
conceivable if vital legitimate framework compliments the equivalent to
empower its energetic development. 

The most recent insights demonstrate that cyber torts/wrongdoing is entirely the
ascent. In any case, the facts demonstrate that in India, cyber torts/wrongdoing
isn't accounted for a lot about. Thusly there is a misguided feeling of lack of
concern that cyber torts/wrongdoing does not exist and that society is sheltered
from cyber torts/wrongdoing. This isn't the right picture. The truth of the matter
is that individuals in our nation don't report cyber torts/violations for some
reasons. Many don't have any desire to confront provocation by the police.
There is likewise the dread of terrible attention in the media, which could hurt
their notoriety and remaining in the public arena. Likewise, it turns out to be to
a great degree hard to persuade the police to enrol any cyber torts/wrongdoing,
on account of absence of introduction and mindfulness about cyber
torts/violations and their enlistment and dealing with by the police. 

The completely poor rate of cyber wrongdoing conviction in the nation has
likewise not helped the reason for directing cyber torts/wrongdoing. There has
just been few cyber torts/wrongdoing feelings in the entire nation, which can be
relied on fingers

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 Statutory Provisions:
The Indian parliament thought of it as important to offer impact to the goals by
which the General Assembly received Model Law on Electronic Commerce
embraced by the United Nations Commission on Trade Law. As a result of
which The Information Technology Act 2000 was passed and upheld on
seventeenth May 2000.the introduction of this Act expresses its target to
legitimise online business and further change the Indian Penal Code 1860, The
Indian Evidence Act 1872, The Banker's Book Evidence Act1891 and The
Reserve Bank of India Act 1934. The fundamental reason to consolidate the
adjustments in these Acts is to make them good with the Act of 2000. With the
goal that they may direct and control the undertakings of the digital world in a
compelling way. 
The imperative segments are Ss. 43,65,66,67. Segment 43 specifically manages
the unapproved get to, unapproved downloading, infection assaults or any
contaminant, causes harm, disturbance, forswearing of access, obstruction with
the administration benefited by a man. This segment accommodate a fine up to
Rs. 1 Crore by method for cure. Segment 65 manages 'messing with PC source
reports' and accommodates detainment up to 3 years or fine, which may reach
out up to 2 years or both. Segment 66 manages 'hacking with PC framework'
and accommodates detainment up to 3 years or fine, which may reach out up to
2 years or both. Additionally segment 67 manages distribution of disgusting
material and accommodates detainment up to a term of 10 years and
furthermore with fine up to Rs. 2 lacs.

          

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 Adjudication of a Cyber Torts
On the bearings of the Bombay High Court the Central Government has by a
notice dated 25.03.03 has chosen that the Secretary to the Information
Technology Department in each state by assignment would be selected as the
AO for each state. Obligation of middle people and the creator under Indian
law. The Internet has made it less demanding than at any other time to spread a
tremendous sum and assortment of data around the world. As made reference to
before, SNWs are, at a grass root level, a medium for trading data between
individuals. SNWs enable any individual to compose any announcement,
including the defamatory one, all alone or a third individual's virtual profile. In
this situation, the inquiry which normally emerges is: who can be sued by the
individual against whom such defamatory explanation has been made. 
Under the agent Indian law, the individual who put forth such expression and
also its wholesaler and distributers can be sued. Aside from the writer of such
explanation, middle people, for example, the concerned SNW, the site holder,
the network access suppliers, and in addition alternate clients of such SNW on
whose profiles defamatory articulations have been composed by the writer, can
be sued in their ability as a distributer of defamatory proclamations and can be
held at risk for such articulations. It is to be noticed that such mediators or
different clients of SNWs may not know about such defamatory proclamations
by the creator all alone virtual profile. 
Area 79 of the Information Technology Act, 2000 (the "Demonstration") offers
insusceptibility to organise specialist organisations. As indicated by Section 79
of the Act, an 'arrange specialist co-op' (characterised as a man who in the
interest of someone else gets, stores or transmits the electronic messages) will
not be at risk under the Act, or Rules or Regulations made there under, for any
outsider data or information made accessible by him on the off chance that he
demonstrates that the offence or negation was submitted without his insight or
that he had practiced all due persistence to keep the commission of such
offences or repudiation.

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 The Information Technology Amendment Act, 2008
The Information Technology Amendment Act, 2008 was passed by the Indian
Parliament on December 22, 2008 and following Presidential consent it has
turned into a law from February 5, 2009. The revision bears a specific level of
comparability to the predominant law in the United States of America ("USA").
In USA, middle people, for example, SNWs, web access suppliers and other
intuitive web specialist co-ops are exempted from risk under maligning in the
event that (I) they demonstrate that they have no power over the announcement
or substance and (ii) they expel such explanation or substance from their site or
system instantly after accepting the notice from the offended party. 
The amended Section 79 of this Amendment Act gives the component identical
to the law of USA. Following are the applicable arrangements of the
Information Technology Act (after the said correction comes into power).
Section 79: 
(1) Notwithstanding anything contained in any other law for the time being in
force but subject to the provisions of sub-sections (2) and (3), an intermediary
shall not be liable for any third party information, data, or communication link
made available by him. 
(2) The provisions of sub-section (1) shall apply if-: 
(a) the function of the intermediary is limited to providing access to a
communication system over which information made available by third parties
is transmitted or temporarily stored; or 
(b) the intermediary does not— 
   initiate the transmission, 
   select the receiver of the transmission, and 
 (iii) select or modify the information contained in the transmission. 
(3) The provisions of sub-section (1) shall not apply if -: 
(a) the intermediary has conspired or abetted in the commission of the
unlawful act; 
(b) upon receiving actual knowledge, or on being notified by the
appropriate Government or its agency that any information, data or

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 communication link residing in or connected to a computer resource
controlled by the intermediary is being used to commit the unlawful act,
the intermediary fails to expeditiously remove or disable access to that
material on that resource without vitiating the evidence in any manner. 
(4) Intermediary shall observe such other guidelines as the Central
Government may prescribe in this behalf. 
Explanation.--For the purpose of this section, the expression "third party
information" means any information dealt with by an intermediary in his
capacity as an intermediary.
Section 2(w) –: 
"intermediary", with respect to any particular electronic records, means any
person who on behalf of another person receives, stores or transmits that record
or provides any service with respect to that record and includes telecom service
providers, network service providers, internet service providers, web-hosting
service providers, search engines, online payment sites, online- auction sites,
online market places and cyber cafes, but does not include body corporate
referred to in section 43A." 
 

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 Analysis Of The Statutory Provisions:
 Information Technology Act 2000 was undoubtedly a welcome step at a time
when there was no legislation on this specialised field. The Act has however
during its application has proved to be inadequate to a certain extent. The
various loopholes in the Act are-: 
1. The hurry in which the legislation was passed, without sufficient public
debate, did not really serve the desired purpose Experts are of the opinion that
one of the reasons for the inadequacy of the legislation has been the hurry in
which it was passed by the parliament and it is also a fact that sufficient time
was not given for public debate. 
2. “Cyber laws, in their very preamble and aim, state that they are targeted at
aiding e-commerce, and are not meant to regulate cyber torts” :- Mr. Pavan
Duggal holds the opinion that the main intention of the legislators has been to
provide for a law to regulate the e-commerce and with that aim the I.T.Act 2000
was passed, which also is one of the reasons for its inadequacy to deal with
cases of cyber crime. 
At this juncture it would not be completely wrong to contend that the above
statement by Mr. Duggal is not fundamentally correct. The reason being that the
preamble does state that the Act aims at legalising e-commerce. However it
does not stop here. It further amends the I.P.C., Evidence Act, Banker’s Book
Evidence and RBI Act also. The Act also aims to deal with all matters
connected therewith or incidental thereto. It is a cardinal rule of interpretation
that “text should be read as a whole to gather the meaning”. It seems that the
above statement has been made in total disregard of this rule of interpretation.
The preamble, if read as a whole, makes it very clear that the Act equally aims
at legalising e-commerce and to curb any offences arising there from. 
3. Cyber torts:- The recent cases including Cyber stalking cyber harassment,
cyber nuisance, and cyber defamation have shown that the I.T.Act 2000 has not
dealt with those offences. Further it is also contended that in future new forms
of cyber torts will emerge which even need to be taken care of. Therefore India
should sign the cyber crime convention. However the I.T.Act 2000 read with
the Penal Code is capable of dealing with these felonies. 
4. Cyber crime in the Act is neither comprehensive nor exhaustive:- Mr. Duggal
believes that we need dedicated legislation on cyber crime that can supplement
the Indian Penal Code. The contemporary view is held by Mr. Prathamesh Popat
who has stated- "The IT Act, 2000 is not comprehensive enough and doesn't

19
even define the term 'cyber crime". Mr. Duggal has further commented, “India,
as a nation, has to cope with an urgent need to regulate and punish those
committing cyber torts, but with no specific provisions to do so. Supporters of
the Indian Penal Code School vehemently argue that IPC has stood the test of
time and that it is not necessary to incorporate any special laws on cyber crime.
This is because it is debated by them that the IPC alone is sufficient for all kinds
of crime. However, in practical terms, the argument does not have appropriate
backing. It has to be distinctly understood that cyber crime and cyberspace are
completely new whelms, where numerous new possibilities and opportunities
emerge by the day in the form of new kinds of crimes. 
5.Ambiguity in the definitions- The definition of hacking provided in section 66
of the Act is very wide and capable of misapplication. There is every possibility
of this section being misapplied and in fact the Delhi court has misapplied it.
The infamous has made it very clear that what may be the fate of a person who
is booked under section 66 or the constant threat under which the netizens are
till s. 66 exists in its present form. 
Further section 67 is also vague to certain extent. It is difficult to define the term
lascivious information or obscene pornographic information. Further our
inability to deal with the cases of cyber pornography has been proved by the Bal
Bharati case. 
6. Uniform law:- Mr. Vinod Kumar holds the opinion that the need of the hour
is a worldwide uniform cyber law to combat cyber torts. Cyber torts are a global
phenomenon and therefore the initiative to fight it should come from the same
level. E.g. the author of the love bug virus was appreciated by his countrymen. 

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 Cases related to cyber tort

1- Avnish Bajaj vs state (bazee.com case)

Summary-  Ceo of E-commerce portal was arrested and given bail later under
section 67 of IT Act on account of an obscene video uploaded
on bazee.com for sale. He proved due diligence but in 2005, Information
Technology Act did not have any provision related to ‘intermediary’.

2- Mohammed vs State (Feb 2010, Gujarat high court)

Summary- Section67 of Information Technology Act analysed and held it to
applicable to the case of threatening email received by chief minister of Gujarat,
hence to be ordered to be deleted from the matter.

3- Sreekanth C.Nair vs Licensee/Developer (2008) [Blocking of website]

Summary-  A student of ASCL, came across the website   
“www.incometaxpune.com", and on visiting the said site, the complaint was
taken to a pornographic site and move the court for blocking order against the
website. The court ordered that only when the authorities enumerated under the
clause (i) to (vii) when moved were either not inclined or had refused to prefer a
complaint to the Director, CERT-in, then the court could be moved for a
direction to the officer concerned.

4- Sharat Babu Digumarti vs State, Govt. of NCT of

Delhi(bazee.com case, Appeal)
Summary- Petitioner was working as Senior Manager, Trust and safety, BIPL
on the day when DPS MMS was put sale on bazee.com . That is the office
responsible for the safety of the portal, taking action on suspect lists when
reported by our user, and block the user or close items listed accordingly. It was
held that there is prime-facie sufficient material under Section 292 IPC. Though
he was already discharged of offences only under Section 67 read with
Section85 of IT Act Section 294 IPC.

21
5- Dr. L. Prakash vs State of Tamil Nadu (2002)
Summary- Petitioner was arrested by the inspector of Police, R8 Vadapalani
police station, Chennai for various offences, particularly Section 67 of the
Information Technology Act 2000, Section 4 read with Section 6 of the
Indecent Representation of Women (Prohibition)Act, 1986 and Section 120-B
of the Indian Penal Code.

22
 Conclusion
One question that is often asked is why should we have Cyber law in India,
when a large chunk of the Indian population is below the poverty line and is
residing in rural areas ? More than anything else, India, by its sheer numbers, as
also by virtue of its extremely talented and ever growing IT population, is likely
to become a very important Internet market in the future and it is important that
we legislate Cyber laws in India to provide for a sound legal and technical
frame work which, 
in turn, could be a catalyst for growth and success of the Internet Revolution in
India.

ASLU survey 2003 reports that most cyber case remain unreported due to the
fear of negative publicity or under a belief that India does not have adequate
legal & enforcement mechanism to deal with such crimes. Therefore, it is
imperative that effective measures be adopted to increase awareness of the laws
applicable to e-crimes and positive initiatives be taken by the government to
train its police officers, personnel in the judiciary and other law enforcement
agencies to effectively combat cyber crimes.

Thus cyber laws are very important, especially in a developing country like
India for its growth. These crimes/torts hamper the technological growth of the
country. It can be controlled to a great extent through the education of the
people about the cyber crimes and its consequences and also its safety. There
are different users like people who hold data, system operators, buyers, sellers,
those who create intellectual property etc. each of these section of people have
to be educated as to how technology can be used to help or hurt others. And
should also be taught the basic safe computing.

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 Bibliography

Books Referred-
(1) Cyber Crime And Corporate Liability-Wolters Kluwer-RohasNagpal (2)
Handbook Of Cyber Laws-Macmillan-Vakul Sharma
(3) Cybercrimes And Law (An Overview)-C.Vidya
(4) RamaswamyIyer-The Law Of Torts-A Lakshminath And M Sridhar (5)
Legal Era-II 
(6) Nagpal R. – What is Cyber Crime? 
(7) Chris Reed and John Angel, edn., Computer Law, 4th edn.
8) DP Mittal, Law of information technology( cyber law), October 2000, page
no 172
9) SK Verma and Raman Mittal(edn.,) ,Legal dimensions of cyberspace, Indian
law institute, new Delhi, 2004, page 228 
10) Nagpal R- Defining Cyber Terrorism 

Journals

 Some cyber law perspectives,The icfai journal of cyber law, vol 1 ,nov
2002
 Xiang li, Cyber stalking: information and communications technology
makes it different, cyber law journal, The ICFAI university, feb 2009, pg
33
 Karnika Seth, INDIA - CYBER CRIMES AND THE ARM OF LAW - AN
INDIAN PERSPECTIVE
 

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